Louisiana Administrative Code
Title 28 - EDUCATION
Part IX - Regents.
Chapter 1 - Fiscal Administrator Revolving Loan Fund
Section IX-103 - Registration and License Applications
Current through Register Vol. 50, No. 3, March 20, 2024
A. The following terms, as used in this Part, have the meanings listed below.
Appliance- any device that utilizes gas as a fuel or raw material to produce light, heat, power, refrigeration, or air conditioning.
Applicant- a person, firm, or corporation who has applied for a permit or registration with the Liquefied Petroleum Gas Commission.
Approved- approved by or acceptable to the authority having jurisdiction. This normally means that equipment or materials that are listed or labeled have been specifically approved by the authority having jurisdiction.
ASME- American Society of Mechanical Engineers.
Authority Having Jurisdiction (AHJ)- the organization, office, or individual responsible for approving equipment, an installation, or a procedure. In Louisiana the AHJ is the Liquefied Petroleum Gas Commission, the Office of the Director of the Liquefied Petroleum Gas Commission.
Cargo Tank- a container used to transport liquefied petroleum gas over a highway as liquid cargo, either mounted on a conventional truck chassis or as an integral part of a transporting vehicle in which the container constitutes in whole, or in part, the stress member used as a frame.
CETP- Certified Employee Training Program.
Commission- Louisiana Liquefied Petroleum Gas Commission.
Container- any vessel, including cylinders, tanks, portable tanks, and cargo tanks used for the transporting or storing of liquefied petroleum gas.
Dealer or Permit Holder- any person, firm, or corporation who holds a permit or registration to enter into any phase of the liquefied petroleum gas business in the state of Louisiana.
Disaster-the result of a natural or man-made event which causes loss of life, injury, and property damage, including but not limited to natural disasters such as a hurricane, tornado, storm, flood, high winds, and other weather related events, forest and marsh fires, and man-made disasters, including but not limited to nuclear power plant incidents, hazardous materials incidents, oil spills, explosion, civil disturbances, public calamity, acts of terrorism, hostile military action, and other events related hereto.
DOT- the United States Department of Transportation.
Emergency-the actual or threatened condition which has been or may be created by a disaster or; any natural or man-made event which results in an interruption in the delivery of utility services to any consumer of such services and which affects the safety, health, or welfare of a Louisiana resident; or
End User- any person, firm, or corporation which has the use of or legal authority or control over any system which utilizes liquefied petroleum gas.
Installation- when used in the context of an existing thing, the same as system or liquefied petroleum gas system (see definition of system or liquefied petroleum gas system).
Installation- when used in the context of an action, the art of installing or setting up for use or service.
Labeled- equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization that is acceptable to the authority having jurisdiction and concerned with product evaluation that maintains periodic inspection of production of labeled equipment or materials and by whose labeling manufacturer indicates compliance with appropriate standards or performance in a specified manner.
Leak Check- operation performed on a complete gas piping system and connected equipment prior to placing it into operation following initial installation and pressure testing or interruption of gas supply or out-of-gas situation or first time service of a new customer to verify that the system does not leak.
Liquefied Petroleum Gases-those gases derived from petroleum or natural gas, and are herein defined as those in the gaseous state at normal atmospheric temperature and pressure, and those maintained in liquid state at normal atmospheric temperature by means of suitable pressure. Those gases having a vapor pressure not exceeding that allowed for commercial propane composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane (normal butane or iso butane), and butylenes. This definition shall not include acetylene as a regulated gas.
Listed- equipment or materials included in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been listed and found suitable for use in a specified manner.
Materially Affect Safety- any action or inaction that significantly and adversely affects the public health, safety or welfare, whether caused by deliberate act or negligence.
Mobile Air Conditioning System-mechanized vapor compression equipment which is used to cool the driver's or passenger's compartment of any motor vehicle.
New Dealer- any person, firm, or corporation that does not hold a permit or registration to engage in the liquefied petroleum gas business as of the date of their application.
Office of the Director-the office of the Executive Director of the Louisiana Liquefied Petroleum Gas Commission.
Places of Public Assembly- places where the egress is open to the public. This definition includes, but is not limited to, bars, restaurants, service stations, grocery stores, schools, churches, hospitals, sales offices, nursing homes, and other similar places. This definition is not intended to include places that limit public access.
Pressure Test- an operation performed to verify the gas tight integrity of gas piping following its installation or modification.
Qualified Agency- any person, firm, or corporation which is engaged in and is responsible for the installation or replacement of liquefied petroleum gas piping, tanks, containers, the connection, installation, repair, or servicing of equipment or appliances and is experienced in such work and familiar with all precautions required and has complied with all the requirements of the authority having jurisdiction.
Reseller or Wholesaler-
a. a person, firm, or corporation who:
i. holds title or ownership of liquefied petroleum gas as it leaves the facility or plant of a manufacturer of liquefied petroleum gas, or the facility or plant of a manufacturer of products of which liquefied petroleum gas form a component part, or of a commercial storage facility;
ii. transfers such title or ownership to another without substantially changing the form of the liquefied petroleum gas;
iii. transfers such title or ownership to another reseller, or to a liquefied petroleum gas dealer for sale at retail;
b. this definition shall include a manufacturer of liquefied petroleum gas or a manufacturer of products of which liquefied petroleum gas forms a component part, if title or ownership transfers directly from the manufacturer to a liquefied petroleum gas dealer for sale at retail;
c. this definition shall not include a manufacturer of liquefied petroleum gas or a manufacturer of products of which liquefied petroleum gas forms a component part, if title or ownership transfers to another manufacturer of liquefied petroleum gas, to another manufacturer of products of which liquefied petroleum gas forms a component part or to a reseller.
Retail Dealer- any person, firm, or corporation who normally sells liquefied petroleum gas to an end user for consumption.
Retail Station- that portion of property where liquefied petroleum gases used as motor fuel are stored and dispensed from fixed equipment into liquefied petroleum gas fuel tanks of motor vehicles and where such dispensing is an act of retail motor fuel sale.
State of Emergency or Disaster-any event declared by the governor of the state by his authority under the "Louisiana Homeland Security and Emergency Assistance and Disaster Act" under R.S. 29:721 et seq.
System or Liquefied Petroleum Gas System- any tank, container, heat or cold producing device, appliance or piping that utilizes or has liquefied petroleum gas connected thereto. This includes, but is not limited to, ranges, hot water heaters, heaters, air conditioners, containers, tanks, furnaces, space heaters or piping used in the transfer of liquefied petroleum gas either in the vapor or the liquid state from one point to another, internal combustion engines, both stationary and mobile, grain dryers or any combination thereof.
Tank(s)- same as a container(s).
Used Manufactured Home- a manufactured home which is not being sold or offered for sale as new, which has been previously sold as new and is used for residential purposes.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1846.
